State v. Maxey

Citations

• 107 La. 799

Syllabus

<p>Syllabus.</p> <p>1. The statement was not a mere narrative of the wounded man. Declarations of one wounded made immediately after the wounding as to how it was inflicted or by whom, have been held admissible where voluntarily or spontaneously made at a time so near the act as reasonably to preclude all idea of design.</p> <p>2. One may by sign, he being unable to speak, given two minutes after the shooting to one to whom he runs and meets a short distance from the scene of the shooting, let it be known by whom he has been shot, and the declaration by sign- is admissible as part of the res gestae.</p> <p>3. The trial judge held that the accused should have sooner discovered the evidence upon which they based their motion for a new trial and that it was cumulative. New trial will not be ordered on appeal until it is manifest tha.T error has been committed. There is no evidence showing that the trial judge has exceeded the bounds of tlie'Uiscretion with which he is .vested.</p>